Industrial arbitration
Associate Professor Marilyn Pittard
6 points * Two 1-hour lectures and one 1-hour tutorial per week * Second semester * Clayton * Prerequisites: ECO1020 and ECO1030 or ECO1100 and ECO1110
Objectives On completion of this subject students should be familiar with the legal framework at federal level for conciliation and arbitration and enterprise bargaining; have an understanding of the role and jurisdiction of the Australian Industrial Relations Commission in settling industrial disputes; understand the decisions of the High Court of Australia which have shaped the federal labour power, s 51(35) of the Constitution, and made an impact on Australian labour relations.
Synopsis A study of the operation and legal framework of the federal system of conciliation and arbitration and enterprise bargaining. In particular, topics studied include the nature of interstate industrial disputes which can be settled by the Australian Industrial Relations Commission; subject matter of awards and enterprise agreements; parties to awards and agreements; how awards and agreements can be varied and enforced; the position of the non-unionist in the system; the role of the Commission in disputes over unfair dismissals; and the use of the labour power, s 51(35) of the Constitution, and other constitutional heads of power, in enhancing labour relations laws.
Assessment Class test (50 minutes) or written assignment (2500-3000 words): 30% * Examination (2 hours): 70%
Prescribed texts
McCallum R C and Pittard M Australian labour law: Cases and materials 3rd edn Butterworths, 1994